In January 2018, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 171 advertisements out of the total of 247 advertisements that were evaluated by the CCC.
A total of 148 advertisements were picked up by ASCI’s suo moto surveillance and objections against 130 were upheld. Of the 99 advertisements complained against by the general public or by industry members, complaints against 41 were upheld by the CCC. Out of the total 171 advertisements against which complaints were upheld, 118 belonged to healthcare sector, 16 to education sector, 10 to the food & beverages category, five to personal care and 22 were from the ‘others’ category.
Gross exaggeration of product efficacy was the number one reason for upholding complaints, followed by violation of the Drugs and Magic Remedies Act (DMR Act) and the Drugs and Cosmetics Rules (D&C Rules). The other reasons were failure to provide substantial facts and figures to support claims, and delivering advertisements which were misleading by ambiguity and / or by implication.
Among the various complaints, the CCC observed that a prominent FMCG drug company was providing inadequate and misleading information about its products. Similarly, a popular food brand was found to give incomplete and misleading comparison of its milkshake product. Furthermore, an advertiser claimed to cure various diseases like heart block, cholesterol, diabetes, obesity, eye sight, Alzheimer’s, kidney function, thyroid, with their product featuring an FSSAI logo, implying that the claims are approved by FSSAI. These claims, too, were found to be misleading by exaggeration.
“ASCI associates with Government bodies to ensure an effective self-regulation process. We have completed a year of our association with the Ministry of AYUSH. AYUSH is among top three sectors where we find a high incidence of misleading advertisements. The advertisements in the AYUSH sector claiming treatment of certain diseases in violation of the Drugs and Magic Remedies Regulations have been a cause of concern. With support from the Ministry of AYUSH, we hope to change this scenario so that advertising is legal and ethical,” said Shweta Purandare, ASCI Secretary General.
Healthcare: Total of 118 ads complained against
Personal care: Total of five ads complained against
Food and beverages: - Total of 10 ads complained against
Education:- Total of 16 ads complained against
Others:- Total of 22 ads complained against
Direct complaints
Healthcare:
The CCC found claims of 17 advertisements in health care products or services to be either misleading or false or not adequately / scientifically substantiated; hence in violation of ASCI Code. Some of the health care products or clinic advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were upheld.
The following advertisements were considered to be, prima facie, in violation of The Drugs & Magic Remedies Act and are being referred to the Ministry of Health:
|
Brand / Product |
|
|
Safed Daag |
Best Ayurvedic Medicine for white spots since 1934 The color of the spot immediately changes and immediately merges with the natural color of the skin.
|
|
Indiyaa Distribution Network Llp (Maha Shikhar Vati) |
Best way to increase height naturally |
|
Faith's Pranic Healing Camp |
Get healed of all physical and psychological ailments like: Diabetes, Arthritis, Hypertension, PCOD, Cancer |
Personal care:-
Education:-
The CCC found following claims in the advertisement by one advertiser was not substantiated, and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
Food and beverages:-
Suo moto Surveillance by ASCI
The advertisements given below were picked up through ASCI’s suo moto surveillance of Print and TV media via the National Advertisement Monitoring Services (NAMS) project. Out of 148 advertisements, total of 130 advertisements were considered to be misleading. Of the total 130 advertisements, 101 advertisements belonged to Healthcare, 15 belonged to the Education category, one belonged to Food & Beverage category, two belonged to Personal Care category and 11 belonged to the “others” category.
Healthcare:
The following advertisements were considered to be, prima facie, in violation of The Drugs & Magic Remedies Act and are being referred to the Ministry of Health:
Sr No |
Brand/Product |
Claim |
1. |
Vedic Ayurved |
|
2. |
Balaji Ayurved Bhavan |
|
3. |
Dr. Akash Ayurved |
|
4. |
Tuku Clinic |
|
5. |
Tuku Clinic |
|
6. |
A-1 Herbal Ayurvedic Clinic: |
|
7. |
Arogyam Ayurvedic Centre/ Allergy Rakshak Range Of Products: |
|
8. |
Gaharwar Pharma Products Pvt Ltd. |
|
9. |
Naturoveda India Pvt Ltd./ Naturoveda Health World |
|
10. |
Shree Maruti Herbal /Stay-On Range Of Products |
|
11. |
Shree Maruti Herbal Stay-On Range Of Products/ Stay On Power Capsule |
|
12. |
Shree Maruti Herbal Stay On Power Capsule |
|
13. |
Rajnish Hot Deals Pvt Ltd / Play Win Range Of Products |
|
14. |
Ashok Clinic |
|
15. |
Star Ayurveda/ Star Homeopathy |
|
16. |
Dr. TAJ |
|
17. |
Dr. Shaikh |
|
18. |
Sahar Herbal Pharmacy/ Sahar Herbal Pharmacy Range/ Sahar Herbal Pharmas Products |
|
19. |
Ram Swarna Clinic |
|
20. |
Rajput Clinic |
|
21. |
Rajnish Hot Deals Pvt Ltd./ Play Win Range Of Product |
|
22. |
Rajnish Hot Deals Pvt Ltd./ Play Win Range Of Product |
|
23. |
Rajnish Hot Deals Pvt Ltd./ Play Win Plus Capsule |
|
24. |
Masters Homeopathy |
|
25. |
Lord Dhanvantari Hospital |
|
26. |
Homeocare International Pvt. Ltd. |
|
27. |
Gaharwar Pharma Products Pvt Ltd./ Gaharwar Pharma Products |
|
28. |
Dr. Dassans Life Care Ayurvedic Herbal Treatment and Research Centre/ Dr. Dassans |
|
29. |
Dr. Dassans Life Care (Ayurvedic Herbal Treatment and Research Centre/ Dr. Dassans Re Renal) |
|
30. |
Soliel International Healthcare Products/ Bt36 Range Of Products
|
|
31. |
Dr. Asma Herbal / Asma Herbal Range Of Product |
|
32. |
Mapple Overseas / 8 Range Of Products |
|
33 |
Shree Maruti Herbal /Stay On Power Capsule |
|
34. |
Shree Maruti Herbal / Stay On Range Of Products |
|
35. |
Shree Maruti Herbal / Stay On range of products |
|
36. |
VNV Herbal Tech/StoneKing range of products |
|
37. |
Zafar Shafakhana |
|
38. |
Shree Maruti Herbal/ Stay On Power Oil |
|
39. |
Shree Maruti Herbal/ StayOn range of products |
|
40. |
Rajnish Hot Deals Pvt Ltd./Play Win range of products |
|
41. |
Rajnish Hot Deals Pvt Ltd./Play Win Plus Capsule |
|
42. |
Aarogya Clinic |
|
43. |
Ayurex-NDX/ Nurture Healthcare |
|
44. |
Ayurex-S Capsule / Nurture Healthcare |
|
45. |
Baidhki Panchkarma |
|
46. |
Breast Care Capsule & Massage Oil / Balaji Ayurved Sansthan |
|
47. |
Dr Dassans Re Renal/ Dr Dassans |
|
48. |
Flipbald Health & Wellness |
|
49. |
Gloss Pharma range of products / Gloss Pharmaceuticals Pvt Ltd |
|
50. |
Jaipur Ayush Clinic |
|
51. |
Maharishiji Clinic & Yoga Centre |
|
52. |
Jeevan Dispensary |
|
53. |
Japani Range Of Products / Chaturbhuj Pharmaceuticals |
|
54. |
Phyto X-Tra Power / Herbal Land |
|
55. |
RJR Siddha Ayur Unani Hospital |
|
56. |
Stonecure Kit/ Luna Pharma |
|
57. |
Rushabh Medicine |
|
58. |
Nurture Health Care /Ayurex-Ndx |
|
59. |
Nurture Health Care/Ayurex-Ndx |
|
60. |
Soliel International Healthcare Products (BT-36 Body Toner Capsules and Cream) |
|
61. |
Gaharwar Pharma Products Pvt. Ltd. (P.V Tone Oil and Capsule) |
|
62. |
Nisargalaya Drugs Pvt. Ltd.-(Phyto XTra Power) |
|
63. |
Juneja Ayurveda/ Powertone Joshila |
|
64. |
Roochi Tone Capsule and Oil |
|
65. |
Rushabh Medicine |
|
66. |
Shiv Shakti Herbal India Ltd |
|
67. |
Triveni Ayurvedic Hospital |
|
68. |
Aarogya Clinic |
|
69. |
Nurture Health Care / Ayurex-S Capsule |
|
70. |
Balaji Homeopathy |
|
71. |
Chetan Clinic |
|
72. |
Chetan Clinic |
|
73. |
Ganga Ayurvedic Clinic |
|
74. |
Kavya Ayurveda |
|
75. |
Nisargalaya/ Phyto XTra Power |
|
76. |
Apollo Hospitals Enterprise Ltd./ Apollo Gleneagles Hospitals |
|
77. |
Dr House Clinic |
|
78. |
Zee Laboratories Ltd./ Zee Laboratories Range Of Products (Brexelant) |
|
79. |
Mehantak Churan |
|
80. |
Muniraj Ayurved Ashram/ Madhu |
|
The following advertisements were considered to be, prima facie, in violation of The Drugs & Cosmetics Rules and are being referred to the Ministry of Health:
Sr No. |
Brand/Product |
Claims |
1. |
Surya Hospital |
|
2. |
City Hospital and Maternity Centre (Barwala) |
|
Education:-
The CCC found following claims in advertisements by 15 different advertisers were not substantiated and thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
Complaints against advertisements of all educational institutes listed below are upheld mainly because of unsubstantiated claims that they provide 100% placement/and/or because of misleading claim that they provide 100% placement assistance/and/or they claim to be the No.1 in their respective fields
Information Technology Research Centre ITRC, Shree Krishna Institute of Teachers Training, Meera Private ITI, VLCC Institute, MVM Suma Institute of Nursing Sciences, IBT Institute Pvt Ltd, Junior DPS, Dashmesh Academy, Ambition Law Institute, Apollo College of Veterinary Medicine and Siddhi Vinayak Institute of Technology & Sciences
Food & beverage:-
Others: